NAME OF SERVI
TYPE GEN
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
CE MEMBER (LAST, FIRST MIDDLE INITIAL)
AFSN/SSAN
PERSONAL APPEARANCE
xX RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
TO:
SAF/M.
NDORSEMENT |e.
RBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
MEMBER OTITER DENY
x
x
Xx
x
x
ISSUES 493.93 INDEX NUMBER A67.10 2 ES SUBMI BOARD. os
A94.05 1] |ORDER APPOINTING THE BOARD
2 |APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
‘TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER /
FD-2008-00546
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
application to the AFBCMR.
Names and votes will be made available to the applicant at the applicant’s request.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1835 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD)-2008-00546
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined
and requests that the review be completed based on the available service record.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE:
Issue 1. Applicant contends discharge was inequitable because it was too harsh and his incidents of
misconduct were as a result of his anxiety and nervous condition. The records indicated the applicant
received an Article 15, four Letters of Reprimand, and two Records of Individual Counseling for
misconduct. His misconduct included failure to complete a primary duty, failure to report for duty on time
(3x), failure to complete tasking as directed by his supervisor, being drunk and disorderly, failure to obey an
order and recklessly damaging a light post. The applicant contends he is being treated by mental health at
the Veterans Administration. The DRB opined that although the applicant has been seeing mental health, it
did not impair his ability to know right from wrong or ability to choose the right. The DRB opined that
through these administrative actions, the applicant had ample opportunities to change his negative behavior.
The Board concluded that the negative aspects of the applicant’s service outweighed the positive
contributions he made in his Air Force career. The characterization of the discharge received by the
applicant was found to be appropriate.
Issue 2, Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. ‘hey found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and the applicant was provided full administrative due process.
In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for
upgrade of discharge and determines the discharge should remain unchanged.
Attachment:
Examiner's Brief
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